IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 152 of 2022

Criminal Appeal No. 176 of 2022

Criminal Jail Appeal No. 178 of 2022

 

  

                                                       

Appellants:                   Ali Shan, Farhan Khan and Khalid Mehmood through M/s Farhad Khan, Jan Muhammad Naich, Muhammad Hanif Noonari advocates

 

The State:                      Through Mr. Faheem Hussain Panhwar, Deputy Prosecutor General Sindh

 

Date of hearing:           15.11.2022

 

Date of judgment:        15.11.2022

 

 

J U D G M E N T

 

IRSHAD ALI SHAH, J- It is alleged that the appellants with rest of the culprits robbed complainant Muhammad Kamran of Rupees Two Crores, for that they were booked and reported upon by the police. On conclusion of trial, they and co-accused Mehtab were convicted under section 395 PPC and were sentenced to undergo rigorous imprisonment for 08 years and to pay fine of Rs.100,000/- each and in default whereof to simple imprisonment for 01 year with benefit of section 382(b) Cr.P.C by learned X-Additional Sessions Judge, Karachi South vide judgment dated 18.02.2022, which is impugned by the appellants before this Court by preferring their separate appeals.

2.       At the very outset, it is stated on behalf of appellants Ali Shan, Farhan and Khalid Mehmood by their learned counsel that they would not press the disposal of their appeals on merits, provided sentence awarded to them is reduced to one which they have already undergone, which is not opposed by learned D.P.G for the State.

4.       Heard arguments and perused the record.

5.       The names and descriptions of the appellants are not appearing in the FIR though it is lodged with unexplained delay of about 02 days; they have been involved in this case on the basis of recovery of robbed money to the extent of Rs.10 lacs from each one and their identification parade, which was held on 3rd day of their arrest; they are said to be young men and sole bread earners of their families and there is likelihood of their reformation. By considering all these factors as mitigating circumstances, the rigorous imprisonment of 08 years awarded to the appellants by learned trial Court is reduced to rigorous imprisonment for 04 years with fine of Rs.100,000/- and in default whereof they would undergo simple imprisonment for 01 month each with benefit of section 382(b) Cr.P.C.

6.       Subject to above modification, the instant appeals are disposed of accordingly.

                   JUDGE